AB 2287, as introduced, Pan. Free and reduced-price meals: gluten-free meals.
(1) The Pupil Nutrition, Health, and Achievement Act of 2001 requires a school or school district to be reimbursed $0.2229 for free and reduced-price meals sold or served to pupils. To qualify for this reimbursement, a school or school district is required, and a child development program is encouraged, to comply with specified nutrition-related prohibitions and requirements, among which is a prohibition against selling or serving a food item containing artificial trans fat.
This bill would require a school or school district, and would encourage a child development program, to provide a gluten-free meal option in order to qualify for that reimbursement. By requiring schools and school districts to satisfy new requirements for free and reduced-price meals, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 49430.7 of the Education Code is
2amended to read:
(a) For purposes of this section, the following terms
4have the following meanings:
5(1) “School” means a school operated and maintained by a
6school district or county office of education, or a charter school.
7(2) “School district” means a school district, charter school, or
8county office of education.
9(3) “Child development program” means a program operated
10pursuant to Chapter 2 (commencing with Section 8200) of Part 6
11of Division 1 of Title 1.
12(b) As a condition of receipt of funds pursuant to Section
1349430.5, commencing with the
2007-08 fiscal year, for meals and
14food items sold as part of the free and reduced-price meal
15programs, a school or school district shall comply with all of the
16following requirements and prohibitions:
17(1) Follow the United States Department of Agriculture (USDA)
18nutritional guidelines or the menu planning options of Shaping
19Health as Partners in Education developed by the state (SHAPE
20California network).
21(2) Not sell or serve a food item that has in any way been deep
22fried, par fried, or flash fried by a school or school district.
23(3) Not sell or serve a food item containing artificial trans fat.
24A food item contains artificial trans fat if it contains vegetable
25shortening, margarine, or any kind of hydrogenated or partially
26hydrogenated vegetable oil, unless the manufacturer’s
27documentation or the label required
on the food, pursuant to
28applicable federal and state law, lists the trans fat content as less
29than 0.5 gram per serving.
30(4) Not sell or serve a food item that, as part of the
31manufacturing process, has been deep fried, par fried, or flash fried
32in an oil or fat that is prohibited by this paragraph. Oils and fats
33prohibited by this paragraph include, but are not limited to, palm,
P3 1coconut, palm kernel, lard, typically solid at room temperature and
2are known to negatively impact cardiovascular health. Oils
3permitted by this paragraph include, but are not limited to, canola,
4safflower, sunflower, corn, olive, soybean, peanut, or a blend of
5these oils, typically liquid at room temperature and are known for
6their positive cardiovascular benefit.
7(5) Provide a gluten-free meal option.
end insert
8(c) Commencing with the 2007-08 fiscal year, for meals and
9food items sold as part of the free and reduced-price meal
10programs, a child development program is encouraged to comply
11with all of the following guidelines:
12(1) Meet developmentally and programmatically appropriate
13meal pattern and meal planning requirements developed by the
14USDA or menu planning options of Shaping Health as Partners in
15Education developed by the state (SHAPE California network).
16(2) Not sell or serve a food item that has in any way been deep
17fried, par fried, or flash fried by a school, school district, or child
18development program.
19(3) Not sell or serve a food item containing artificial trans fat.
20A food item contains artificial trans fat if it contains vegetable
21shortening,
margarine, or any kind of hydrogenated or partially
22hydrogenated vegetable oil, unless the manufacturer’s
23documentation or the label required on the food, pursuant to
24applicable federal and state law, lists the trans fat content as less
25than 0.5 gram per serving.
26(4) Not sell or serve a food item that, as part of the
27manufacturing process, has been deep fried, par fried, or flash fried
28in an oil or fat prohibited by this paragraph. Oils and fats prohibited
29by this paragraph include, but are not limited to, palm, coconut,
30palm kernel, lard, typically solid at room temperature and are
31known to negatively impact cardiovascular health. Oils permitted
32by this provision include, but are not limited to, canola, safflower,
33sunflower, corn, olive, soybean, peanut, or a blend of these oils,
34typically liquid at room temperature and are known for their
35positive cardiovascular benefit.
36(5) Provide a gluten-free meal option.
end insert
37(d) The prohibitions and requirements of this section regarding
38food items sold or served by a school or school district apply to
39raw bulk USDA commodity foods ordered by schools or school
40districts and sent to commercial processors for conversion into
P4 1ready to use end products, but do not apply to other USDA
2commodity foods until the scheduled 2009 reauthorization of the
3USDA National School Lunch Program is complete or ingredient
4and nutrition information is available for all USDA commodity
5foods, whichever is earlier.
6(e) As a condition of receipt of funds pursuant to Section
749430.5, by no later than June 30, 2008, and annually thereafter,
8schools and school districts shall provide the department with an
9annual certification of compliance with the
provisions of this
10section.
11(f) This section shall become operative only upon an
12appropriation for its purposes in the annual Budget Act or another
13statute.
If the Commission on State Mandates determines that
15this act contains costs mandated by the state, reimbursement to
16local agencies and school districts for those costs shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.
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